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Funding Agreement FREEDOM OF INFORMATION REDACTION SHEET Marlwood School Supplemental Funding Agreement Exemptions In full n/a Partial exemptions Personal Information has been redacted from this document under Section 40 of the Freedom of Information (FOI) Act. Section 40 of the FOI Act concerns personal data within the meaning of the Data Protection Act 1998. Factors for disclosure Factors for Withholding • further to the understanding of • To comply with obligations and increase participation in under the Data Protection Act the public debate of issues concerning Academies. • to ensure transparency in the accountability of _Q_ublic funds Reasons why public interest favours withholding information Whilst releasing the majority of the Marlwood School Supplemental Funding Agreement will further the public understanding of Academies. The whole of the Marlwood School Supplemental Funding Agreement cannot be revealed. If the personal information redacted was to be revealed under the FOI Act, Personal Data and Commercial interests would be prejudiced. Multi Academy Model Mainstream SUPPLEMENTAL AGREEMENT THIS AGREEMENT made ~ 0 ~~~~ 2014 BETWEEN (1) THE SECRETARY OF STATE FOR EDUCATION; and (2) CASTLE SCHOOL EDUCATION TRUST (registered company no. 08397975 ("the Company") IS SUPPLEMENTAL TO THE MASTER FUNDING AGREEMENT made between the same parties and dated 28 August 2013 (the "Master Agreement"). 1 DEFINITIONS AND INTERPRETATION 1.1 Except as expressly provided in this Agreement words and expressions defined in the Master Agreement shall have the same meanings in this Agreement as were ascribed to them in the Master Agreement. 1.2 The following words and expressions shall have the following meanings: "the Academy" means Marlwood School established at Vattingstone Lane, Alveston, South Gloucestershire BS35 3LA; "Chief Inspector" means Her Majesty's Chief Inspector of Education, Children's Services and Skills or his successor; "the Land" means the publicly funded land (including for the avoidance of doubt all buildings, structures landscaping and other erections) situated at and known as Marlwood School, Vattingstone Lane, Alveston, South Gloucestershire registered under title numbers GR351521, GR351663 and GR351582. 19 December 2012 v4 Multi Academy Model Mainstream 1.3 Reference in this Agreement to clauses and Annexes shall, unless otherwise stated, be to clauses and annexes of this Agreement. 2 THE ACADEMY 2.1 The Company will establish and maintain, and carry on or provide for the carrying on of the Academy in accordance with the Master Agreement and this Agreement1. 2.2 The curriculum provided by the Academy to pupils up to the age of 16 shall be broad and balanced. 2.3 The requirements for the admission of pupils to the Academy are set out at Annex 1. ACADEMY OPENING DATE 2.4 The Academy shall open as a school on 1 November 2014 replacing the maintained school, Marlwood School, which shall cease to be maintained by the Local Authority on that date, which date shall be the conversion date within the meaning of the Academies Act 2010. 2.5 The planned capacity of the Academy is 1365 in the age range 11 ~ 18, including a sixth form of 200 places. RUNNING OF THE ACADEMY Pupils 1 Where the Academy is to be a "selective school" within the meaning of section 6(4) of the Academies Act 2010, please see alternative wording for this clause in Section C. of the Appendix of Alternative and Additional Clauses. •. 19 December 2012 v4 Multi Academy Model Mainstream 2.6 The relevant clauses in the Master Agreement and Annex B shall only apply insofar as the relevant provisions of the Children and Families Act 2014 relating to SEN and disability do not apply to Academies and Free Schools. School meals Clauses 32 and 33 of the Master agreement are disapplied and replaced with the following clauses 2.7, 2.8 and 2.9. 2.7) The Academy Trust must provide school lunches and free school lunches in accordance with the provisions of sections 512(3) and 512ZB(1) of the Education Act 1996 as if references in sections 512 and 512ZB to a local authority were to the Academy Trust and as if references to a school maintained by a local authority were to any of its Academies. 2.8) The Academy Trust must comply with school food standards legislation as if its Academies were maintained schools. 2.9) Where the Academy Trust provides milk to pupils, it must be provided free of charge to pupils who would be eligible for free milk if they were pupils at a maintained school. Curriculum 2.10) The Academy Trust must not allow any view or theory to be taught as evidence-based if it is contrary to established scientific or historical evidence and explanations. This clause applies to all subjects taught at an Academy. 2.11) The Academy Trust must provide for the teaching of evolution as a comprehensive, coherent and extensively evidenced theory. 2.12) The Academy Trust must ensure that principles are promoted which support fundamental British values, of: respect for the basis on which the law is made and applied in England; respect for democracy and support for participation in the democratic processes; support for equality of opportunity for all; support and respect for the liberties of all within the law; and respect for and tolerance of different faiths and religious and other beliefs. Governance 19 December 2012 v4 Multi Academy Model Mainstream 2.13) The Academy Trust must provide to the Secretary of State the names of all new or replacement members of the Academy Trust, stating the date of their appointment and, where applicable, the name of the member they replaced as soon as is practicable and in any event within 14 days of their appointment. 2.14) The Academy Trust must not appoint any new or replacement members until it has first informed them, and they have agreed, that their names will be shared with the Secretary of State to enable him to assess their suitability. Pupil Premium 2.15) For each Academy Financial Year, the Academy Trust must publish, on the Academy's website, information about: i. the amount of Year 7 literacy and numeracy catch-up premium grant that it will receive during the Academy Financial Year; ii. what it intends to spend its Year 7 literacy and numeracy catch­ up premium grant on; iii. what it spent its Year ?literacy and numeracy catch-up premium grant on in the previous Academy Financial Year; iv. the impact of the previous year's Year ?literacy and numeracy catch-up premium grant on educational attainment, and how that effect was assessed. 3 CAPITAL GRANT 3.1 Pursuant to clause 38 of the Master Funding Agreement, the Secretary of State may, in his absolute discretion provide Capital Expenditure funding in accordance with any arrangements he considers appropriate. 19 December 2012 v4 Multi Academy Model Mainstream 4 GAGANDEAG 4.1 The Secretary of State agrees to pay GAG and EAG to the Company in relation to the Academy in accordance with the Master Agreement. 4A Not used. 5 TERMINATION 5.1 Either party may give not less than seven Academy Financial Years' written notice to terminate this Agreement, such notice to expire on 31 August 2021 or any subsequent anniversary of that date. Termination Warning Notice 5.2 The Secretary of State shall be entitled to issue to the Company a written notice of his intention to terminate this Agreement ("Termination Warning Notice") where he considers that: a) the Academy is no longer meeting the requirements referred to in clause 12 of the Master Agreement (subject to clause 5.9 of this Agreement): b) the conditions and requirements set out in clauses 13-348 of the Master Agreement are no longer being met; c) the standards of performance of pupils at the Academy are unacceptably low: d) there has been a serious breakdown in the way the Academy is managed or governed; e) the safety of pupils or staff is threatened (whether by breakdown of discipline or otherwise); or f) the Company is otherwise in material breach of the provisions of this Agreement or the Master Agreement. 5.3 A Termination Warning Notice issued by the Secretary of State in accordance with clause 5.2 shall specify: a) reasons for the Secretary of State's issue of the Termination Warning 19 December 2012 v4 Multi Academy Model Mainstream Notice; b) the remedial measures which the Secretary of State requires the Company to carry out, with associated deadlines, in order to rectify the defaults identified ("Specified Remedial Measures"); and c) the date by which the Company must respond to the Termination Warning Notice providing its representations with regard thereto or confirm that it accepts and agrees to undertake the Specified Remedial Measures. 5.4 The Secretary of State shall consider any response and representations from the Company which are received by the date specified in accordance with clause 5.3(c) and shall confirm whether he considers that: a) in the light of the Company's representations in response to the Termination Warning Notice, some or all of the Specified Remedial Measures are not required to be implemented (and if so which) and/or the Specified Remedial Measures are being or will be implemented within the specified timeframe; or b) subject to any further measures he reasonably requires ("Further Remedial Measures") being implemented by a specified date or any evidence he requires being provided, the implementation of such measures has been or will be successfully completed within the specified timeframes; or c) he is not satisfied that the Company will rectify the defaults identified in the Termination Warning Notice within
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